Freedom of Speech vs Legislative Privileges

The Longest Constitution with Priya Mirza

Can the speaker of a legislative assembly issue an arrest warrant? Apparently yes! And it did happen. A few times at least. In this episode of The Longest Constitution, we explore the excesses of parliamentary privileges and the unsavory consequences they can have. We also look at the start of constitutionally defined local bodies, with the passage of the 73rd and 74th amendments to the Constitution of India, which aims at the devolution of power through the creation of the Panchayati Raj System and local representative bodies. And finally, we take a look at the inbuilt sexism in the POSH, 2013 which penalizes a woman for filing a false complaint.

Reading material:

On legislative privileges:

1. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3096691

On the POSH Act:

1. https://poshatwork.com/delhi-high-court-imposes-a-rs-50000-fine-for-filing-a-false-sexual-harassment-complaint/

2. https://indiankanoon.org/doc/98792027/

Local governance in India:

1. https://prsindia.org/theprsblog/examining-urban-local-governance-in-india-through-the-case-of-bengalurua

2. https://www.orfonline.org/research/the-unfinished-business-of-decentralised-urban-governance-in-india-61201/

3. https://www.thehindu.com/news/national/Haryana-law-on-minimum-qualification-for-panchayat-polls-valid-says-Supreme-Court/article60274721.ece

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